BAHAMAS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The Bahamas has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BAHAMAS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
The Bahamas lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Art. 23 of the Freedom of Information Act 2017, a record is exempt from disclosure to the public if such disclosure relates to information acquired by a public authority from business, commercial or financial undertakings, and (a) the information relates to trade secrets or other matters of business, commercial or financial nature; or (ii) the disclosure of the information would be likely to expose the undertaking to a disadvantage. Moreover, it is reported that trade secrets may be protected by contract or by common law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250214070738/https://www.bahamas.gov.bs/wps/portal/public/gov/government/notices/the%20freedom%20of%20information%20act%202017/!ut/p/b1/vZTbbqMwFEW_pR_QYptrHk0gBoId7gReEL...
- https://web.archive.org/web/20250811200704/https://iclg.com/practice-areas/fintech-laws-and-regulations/bahamas
BAHAMAS
Since September 2015
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Infrastructure Sharing Regulations, 2015
According to Art. 2.1 of the Infrastructure Sharing Regulations, upon written request by an infrastructure applicant to an infrastructure provider, the infrastructure applicant shall provide access to its facilities and the infrastructure provider shall not unreasonably refuse or delay such access. In addition, under Art. 2.2, the infrastructure provider shall negotiate in good faith with the infrastructure applicant on matters relating to access to the facilities and, once granted, shall not withdraw or impede such agreed access, except in the following circumstances: (i) where authorised by the Utilities Regulation and Competition Authority (URCA); (ii) under a dispute resolution process under Part 6 of these Regulations; or (iii) by order made by the Public Utilities Appeal Tribunal or a court of law.
Coverage Telecommunications sector
BAHAMAS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
18.21%
Coverage rate of zero-tariffs on ICT goods (%)
30.99%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
BAHAMAS
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Bahamas Telecommunications Company Limited (BTC) is the largest provider of electronic communications services in the Bahamas and operates fixed, mobile and broadband networks. In April 2011, BTC was partially privatised when Cable and Wireless Communications acquired a 51% stake in the company, while the rest of the shares are state-owned.
The second mobile telecommunications company licensed in The Bahamas is "Be Aliv Limited" (“Aliv”), which is owned by Cable Bahamas Ltd with 48.25% shareholding and HoldingCo2015 Limited with the remaining 51.75% of the shares. The latter is fully owned by the Government of The Bahamas.
The second mobile telecommunications company licensed in The Bahamas is "Be Aliv Limited" (“Aliv”), which is owned by Cable Bahamas Ltd with 48.25% shareholding and HoldingCo2015 Limited with the remaining 51.75% of the shares. The latter is fully owned by the Government of The Bahamas.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240806091309/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/106/approves-privatization-of-bahamas-telecommunications-co-btc-
- https://web.archive.org/web/20260216173022/https://www.bahamashclondon.net/shareholders-agreement-for-the-transfer-of-51-of-the-bahamas-telecommunications-company-btc-to-cable-and-wireless-communicati...
- https://web.archive.org/web/20260216171656/https://lla-cms-prod.directus.app/assets/13bf5eae-c8db-4a7f-a937-dd6debfcb028
- https://web.archive.org/web/20260216173345/https://tracxn.com/d/companies/aliv/__BT4TgqSmg2T-tLTvoFQAKKEC3HLLJ_R-oog_S90SskI
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BAHAMAS
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
The Bahamas is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BAHAMAS
Since May 2009, entry into force in September 2009, last amended in July 2022
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Communications Act, 2009
According to Art. 39 of the Communications Act, the Utilities Regulation and Competition Authority (URCA) may at any time determine that a licensee is a Significant Market Power (SMP) licensee if the licensee, individually or with others, enjoys a position of economic strength which enables it to hinder the maintenance of effective competition on the relevant market by allowing it to behave to an appreciable extent independently of its competitors, consumers and subscribers. Under Art. 40.1, the URCA may impose specific conditions on licensees determined to have SMP in the relevant market or relevant markets, including obligations relating to (i) cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems; and (ii) the submission of regulatory accounts or financial statements separating the key business activities of the licensee.
In 2010, URCA issued its Final Decision on Obligations Imposed on Operators with Significant Market Power and the Final Accounting Separation and Cost Accounting Guidelines for BTC and CBL, thereby imposing accounting separation obligations on SMP operators. Functional separation is not required.
In 2010, URCA issued its Final Decision on Obligations Imposed on Operators with Significant Market Power and the Final Accounting Separation and Cost Accounting Guidelines for BTC and CBL, thereby imposing accounting separation obligations on SMP operators. Functional separation is not required.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240326044712/https://www.urcabahamas.bs/wp-content/uploads/2016/08/The-Communications-Act-2009-.pdf
- https://urcabahamas.bs/wp-content/uploads/2017/02/ECS-21-2011-Consultation-Document-Publication-of-Separated-Accounts.pdf
- https://www.urcabahamas.bs/wp-content/uploads/2017/02/ECS-11-2010-Final-Decision-Obligations-Imposed-on-Operators-with-Significant-Market-Power.pdf
- https://datahub.itu.int/data/?i=100047&e=BHS
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CHINA
Reported in 2014, last reported in 2025
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Reported licensing barriers
It is reported that challenges persist in relation to the licensing process for foreign suppliers of electronic payment services in China, where, prior to June 2017, foreign providers were not permitted to apply for licences until the central bank formalised a two-stage licensing framework. As of 2020, no foreign supplier had successfully obtained the licence required to operate in the Chinese market, largely due to procedural delays attributable to the central bank, although that same year American Express became the first foreign provider to secure such a licence, followed by Mastercard in November 2023 after prolonged delays, while the central bank has continued to defer action on the application submitted by Visa for an even longer period, and additional difficulties have been reported in relation to licensing requirements for non-bank providers of online payment services, thereby reinforcing existing barriers to entry into the Chinese market.
Coverage Payment services
CHINA
Reported in 2021, last reported in 2025
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Limited de minimis threshold
According to Art. 45 of the Regulations of the People's Republic of China on Import and Export Duties (中华人民共和国进出口关税条例), goods within a single consignment, for which the estimated duties do not exceed 50 Yuan (approx. USD 7.5) shall be exempt from duties. In addition, it is reported that China Customs also applies a dedicated e-commerce clearance channel with a goods value de minimis of 5,000 RMB (approx. 700 USD), subject to meeting certain conditions, such as prior carrier and platform registration. Use of this channel is limited to an annual cap of RMB 26,000 (approx. USD 3,600).
Coverage Horizontal
Sources
- https://web.archive.org/web/20260312193010/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20240224235121/https://mag.wcoomd.org/magazine/wco-news-84/cross-border-e-commerce-in-china/
- https://web.archive.org/web/20221208154052/https://www.gov.cn/gongbao/content/2017/content_5219152.htm
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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CHINA
Since August 2021, entry into force in November 2021
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Personal Information Protection Law of the People's Republic of China (中华人民共和国个人信息保护法)
According to Art. 53 of the Personal Information Protection Law, personal information processors outside the territory of the People's Republic of China, as specified in Art. 3, shall set up specialised agencies or designate representatives within the territory of the People's Republic of China to be responsible for handling personal information protection related matters, and shall submit the names, contact information, and other information of the agencies and representatives to the departments with personal information protection duties.
Coverage Horizontal
CHINA
Since June 2017
Since June 2017
Since June 2017
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Internet News Information Service Management Regulations (互联网新闻信息服务管理规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 5 of the Internet News Information Service Management Regulations, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, and other such methods. Pursuant to Art. 6 of the regulations, the applicant’s person-in-charge or chief editor must be a Chinese citizen. In addition, the applicant must separately obtain an Internet Information Service license or file procedures with the telecommunications authorities in accordance with the law. In addition, according to Art. 6, to apply for an Internet news information service license, one must have places, facilities, and funds suitable for the service. The Regulations on Administrative Enforcement Procedures for Internet Information Content set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage News providers
Sources
- https://web.archive.org/web/20231107150741/http://www.cac.gov.cn/2017-05/02/c_1120902760.htm
- https://web.archive.org/web/20231107150746/http://www.cac.gov.cn/2017-05/02/c_1120902931.htm
- https://web.archive.org/web/20211025231346/https://www.lexology.com/library/detail.aspx?g=af1b1b36-3c2c-45ef-b328-9566de509b33
- https://web.archive.org/web/20220127231019/https://www.lexology.com/library/detail.aspx?g=b2aa77aa-0270-40f8-9f18-ad65b6130259
- https://web.archive.org/web/20231221221634/https://chinacopyrightandmedia.wordpress.com/2017/05/02/internet-news-information-service-management-regulations-2/
- https://web.archive.org/web/20230917093303/http://finance.sina.com.cn/roll/2017-05-04/doc-ifyexxhw2298844.shtml
- https://web.archive.org/web/20231030123540/https://www.reuters.com/article/us-china-internet-censorship-security-idUSKBN17Y0Y6
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CHINA
Since October 1993, entry into force in January 1994, last amended in March 2014
Since August 2018, last amended in January 2019
Since August 2018, last amended in January 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights and Interests Protection Law of the People's Republic of China (中华人民共和国消费者权益保护法)
E-Commerce Law of the People’s Republic of China (中华人民共和国电子商务法)
E-Commerce Law of the People’s Republic of China (中华人民共和国电子商务法)
The Consumer Rights and Interests Protection Law and the E-Commerce Law provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250827153428/https://amr.sz.gov.cn/xxgk/zcwj/scjgfg/xfzqy/12315fl/content/post_1995131.html
- https://web.archive.org/web/20260317202641/https://www.12371.cn/2020/06/11/ARTI1591822932213296.shtml
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=cn
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CHINA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
China has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CHINA
Since 2004
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
CHINA
Since August 2004, entry into force in April 2005
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Electronic Signature Law of the People's Republic of China (中华人民共和国电子签名法)
China has adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures, namely the Electronic Signature Law.
Coverage Horizontal
